KONDRU DHARMARAO Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) Since all the appeals have arisen out of one and same judgment dtd. 15/03/2023 passed in Special Criminal Case No. 88/2018 by the learned Special Judge (NDPS Act), Raipur (C.G.) and since common question of fact and law is involved in all the appeals, they have been heard together and are being disposed of by this common judgment.

(2.) These criminal appeals preferred under Sec. 374(2) of the Cr.P.C are against impugned judgment of conviction and order of sentence dtd. 15/03/2023 passed in Special Criminal Case No. 88/2018 by the learned Special Judge (NDPS Act), Raipur (C.G.), whereby the appellants have been convicted and sentenced as under:- <FRM>JUDGEMENT_18_LAWS(CHH)4_2024_1.html</FRM>

(3.) Case of the prosecution in brief is that on 23/6/2018 at 11:00 am, K.V.L. Narasimham, D.R.I. Office of Intelligence Officer, Nagpur (henceforth 'the IO') got an information from the informer that a truck bearing serial number - C.G. -07/CA-5727 transporting Ganja from Odisha to Milan. He gave the above information to his senior officer Mr. A.K. Pandit in writing, who gave the said information over phone to Mrs. Vandana, Deputy Director, D.R.I. and, after being verbally ordered by Mrs. Vandana, to take action, A.K. Pandit, Superintendent, CGST, IO- K.V.L. Narasimham and Chandraparakash along with staff proceeded to Raipur. After reaching, they asked two independent witnesses i.e. Shobhraj @ Som Sonwani and Gowrishankar Jangde to become witnesses. They were informed about the information of the informant. Subsequently, at about 09:30 pm, truck No. CG-07/CA-5727 was intercepted. The truck driver was informed about the information of informant and the witnesses were introduced to him. The truck driver named his name as K. Dharmarav and the persons sitting inside the truck were named as Surjeet Singh Randhawa and Avtar Singh.